BILL ANALYSIS

 

 

Senate Research Center	S.B. 1047
87R51 JSC-D	By: Seliger
	Criminal Justice
	3/23/2021
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

In some instances, a municipality may be located in more than one county.  This can create unique challenges for law enforcement.  Concerns have arisen about the validity of collecting a blood specimen in alcohol related driving offenses in which a warrant is issued in one county, while the blood draw is taken in a separate, neighboring county.

 

S.B. 1047 allows the blood draw for an intoxication offense to be done in an adjacent county and by a law enforcement officer authorized to make an arrest in the county of execution.

 

As proposed, S.B. 1047 amends current law relating to the execution of a search warrant for taking a blood specimen from certain persons in certain intoxication offenses.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Chapter 18, Code of Criminal Procedure, by adding Article 18.067, as follows:

 

Art. 18.067.� EXECUTION OF WARRANT FOR BLOOD SPECIMEN IN INTOXICATION OFFENSE.� Authorizes a warrant issued under Article 18.02(a)(10) (relating to a search warrant issued for certain property or items) to collect a blood specimen from a person suspected of committing an intoxication offense under Section 49.04 (Driving While Intoxicated), 49.045 (Driving While Intoxicated with Child Passenger), 49.05 (Flying While Intoxicated), 49.06 (Boating While Intoxicated), 49.065 (Assembling or Operating an Amusement Ride While Intoxicated), 49.07 (Intoxication Assault), or 49.08 (Intoxication Manslaughter), Penal Code, notwithstanding any other law, to be executed:

 

(1)  in any county adjacent to the county in which the warrant was issued; and

 

(2)  by any law enforcement officer authorized to make an arrest in the county of execution.

 

SECTION 2. Makes application of this Act prospective.

 

SECTION 3. Effective date: September 1, 2021.